Question

A landmark Habeas Corpus petition was filed during the Emergency, that is:

• A. Keshavananda Bharati v. State of Kerala
• B. Golaknath v. State of Punjab
• C. M.C. Mehta v. Union of India
• D. ADM Jabalpur v. Shivkant Shukla

Hint:

Remember:
- ADM Jabalpur v. Shivkant Shukla (1976) — Habeas Corpus & Emergency
- Keshavananda Bharati (1973) — Basic Structure Doctrine
- Maneka Gandhi (1978) — Expanded interpretation of Article 21

Answer 1

The Correct Option is D

Step 1: Understanding the Concept.
The question refers to the landmark case concerning the writ of Habeas Corpus filed during the National Emergency (1975–1977). The writ of Habeas Corpus is a constitutional remedy under Article 32 or Article 226, used to challenge unlawful detention or imprisonment and seek the release of a detained person.

Step 2: Detailed Explanation.
The case of ADM Jabalpur v. Shivkant Shukla (1976) — also known as the "Habeas Corpus Case" — was filed during the Emergency proclaimed by then Prime Minister Indira Gandhi. The central issue was whether a person had the right to approach the courts to enforce their Fundamental Rights (especially Article 21 — right to life and personal liberty) during the Emergency.
The Supreme Court, by a majority decision (4:1), held that during an Emergency, when the right to move courts for enforcement of Fundamental Rights is suspended under Article 359, citizens cannot file petitions for Habeas Corpus. Justice H.R. Khanna delivered the sole dissenting opinion, affirming that the right to life and liberty cannot be suspended even during an Emergency. This judgment is widely regarded as one of the most controversial and criticized decisions in Indian constitutional history.

Step 3: Analysis of Other Options.
- (A) Keshavananda Bharati v. State of Kerala (1973): Established the "Basic Structure Doctrine."
- (B) Golaknath v. State of Punjab (1967): Held that Parliament cannot amend Fundamental Rights.
- (C) M.C. Mehta v. Union of India: Series of cases on environmental protection and public interest litigation (PIL).
Step 4: Final Answer.
The landmark Habeas Corpus petition filed during the Emergency was ADM Jabalpur v. Shivkant Shukla (1976).